Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 17841 

incorporated or organized in the United 

States. A university, government 

laboratory, independent research 

organization, or other nonprofit 

organization cannot retain title to 

patents, although such organizations 

can receive mutually agreeable 

payments (either one-time or 

continuing) from the company or 

companies holding title to the patent. 

However, a for-profit corporation 

organized by a university can be 

considered a for-profit company for the 

purpose of retaining title to patents 

arising from an ATP award. In such a 

case, documentation of the for-profit 

status must be provided in the proposal. 

If your organization is not a for-profit 

company but plans to be involved in an 

ATP project, you will not be able to 

retain title to any patentable inventions 

arising from the ATP project. Please 

make sure your legal department is 

aware that ATP cannot waive this 

mandated provision (15 U.S.C. 

278n(d)(11)(A) and 15 CFR 295.2 and 

295.8). Title to any such invention shall 

not be transferred or passed, except to 

a for-profit company organized in the 

United States, until the expiration of the 

first patent obtained in connection with 

such invention. 

The United States reserves a 

nonexclusive, nontransferable, 

irrevocable, paid-up license to practice 

or have practiced for or on behalf of the 

United States any patentable invention 

arising from an ATP award. The federal 

government shall not, however, in the 

exercise of such license, publicly 

disclose proprietary information related 

to the license. The federal government 

also has march-in rights in accordance 

with 15 CFR 295.8. Since its inception 

in 1990, ATP has not exercised its 

march-in rights nor has it used its 

nontransferable, irrevocable, paid-up 

license. 

Projects Involving Human Subjects: 

Research involving human subjects 

must be in compliance with applicable 

Federal regulations and NIST policies 

for the protection of human subjects. 

Human subjects research involves 

interactions with live human subjects or 

the use of data, images, tissue, and/or 

cells/cell lines (including those used for 

control purposes) from human subjects. 

Research involving human subjects may 

include activities such as the use of 

image and/or audio recording of people, 

taking surveys or using survey data, 

using databases containing personal 

information, testing software with 

volunteers, and many tasks beyond 

those within traditional biomedical 

research. A Human Subjects 

Determination Checklist is included in 

the April 2007 ATP Proposal 

Preparation Kit as Exhibit 2 (http:// 

www.atp.nist.gov/atp/helpful.htm) to 

assist you in determining whether your 

proposal has human subjects 

involvement, which would require 

additional documents with your 

proposal. Detailed information 

regarding the use of human subjects in 

research projects and required 

documentation is available in the ATP 

Guidelines and Documentation 

Requirements for Research Involving 

Human & Animal Subjects located at 

http://www.atp.nist.gov/atp/helpful.htm 

or by calling 1–800–287–3863. 

Projects Involving Animal Subjects: 

Research involving animal subjects 

must be in compliance with applicable 

federal regulations and NIST policies for 

the protection of animal subjects. 

Vertebrate animal research involves live 

animals that are being cared for, 

euthanized, or used by the project 

participants to accomplish research 

goals or for teaching or testing. The 

regulations do not apply to animal 

tissues purchased from commercial 

processors or tissue banks or to uses of 

preexisting images of animals (e.g., a 

wildlife documentary or pictures of 

animals in newscasts). The regulations 

do apply to any animals that are housed 

and cared for by a project participant 

and used for custom collection of 

biological samples or observation data 

of health and behavior. Detailed 

information regarding the use of animal 

subjects in research projects and 

required documentation is available in 

the ATP Guidelines and Documentation 

Requirements for Research Involving 

Human & Animal Subjects located at 

http://www.atp.nist.gov/atp/helpful.htm 

or by calling 1–800–287–3863. 

Administrative and National Policy 

Requirements: The Department of 

Commerce Pre-Award Notification 

Requirements for Grants and 

Cooperative Agreements: The 

Department of Commerce Pre-Award 

Notification Requirements for Grants 

and Cooperative Agreements contained 

in the Federal Register notice of 

December 30, 2004 (69 FR 78389) is 

applicable to this announcement. On 

the form SF–424 (R&R), the applicant’s 

9-digit Dun and Bradstreet Data 

Universal Numbering System (DUNS) 

number must be entered in the 

Organizational DUNS line. 

Paperwork Reduction Act: This notice 

contains collection of information 

requirements subject to the Paperwork 

Reduction Act (PRA). The use of Forms 

NIST–1262 and NIST–1263, SF–424 

(R&R), Research and Related Other 

Project Information, SF–424B, SF–LLL, 

CD–346, and Budget Narrative form has 

been approved by OMB under the 

respective control numbers 0693–0009, 

4040–0001, 4040–0001, 4040–0007, 

0348–0046, 0605–0001, and 0693–0009. 

Notwithstanding any other provision of 

the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information, subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

Executive Order 12866: This notice 

has been determined to be not 

significant for purposes of Executive 

Order 12866. 

Executive Order 12372 

(Intergovernmental Review of Federal 

Programs): ATP does not involve the 

mandatory payment of any matching 

funds from state or local government 

and does not affect directly any state or 

local government. Accordingly, the 

Department of Commerce has 

determined that Executive Order 12372 

is not applicable to this program. 

Executive Order 13132 (Federalism): 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act: Notice and 

comment are not required under the 

Administrative Procedure Act (5 U.S.C. 

553) or any other law, for notices 

relating to public property, loans, 

grants, benefits or contracts (5 U.S.C. 

553(a)). Because notice and comment 

are not required under the 

Administrative Procedure Act, a 

Regulatory Flexibility Analysis is not 

required and has not been prepared for 

this notice, 5 U.S.C. 601 et seq. 

Dated: April 3, 2007. 

William Jeffrey, 

Director, NIST. 

[FR Doc. E7–6650 Filed 4–9–07; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Advisory Committee on Earthquake 

Hazards Reduction Meeting 

AGENCY: National Institute of Standards 

and Technology, Commerce. 

ACTION: Notice of open meeting. 

SUMMARY: The National Earthquake 

Hazards Reduction Program (NEHRP) 

Advisory Committee on Earthquake 

Hazards Reduction (ACEHR), will meet 

at the National Institute of Standards 

and Technology (NIST) on Thursday, 

May 10, 2007 from 9:30 a.m. to 5:45 


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17842 Federal Register / Vol. 72, No. 68 / Tuesday, April 10, 2007 / Notices 

p.m. and Friday, May 11, 2007, from 

8:30 a.m. to 12 p.m. The primary 

purpose of this meeting is to discuss 

NEHRP program activities. The NEHRP 

Advisory Committee will also discuss 

its annual report to the NIST Director. 

The agenda may change to 

accommodate Committee business. The 

final agenda will be posted on the 

NEHRP Web site at http://nehrp.gov/. 

DATES: The meeting will convene on 

May 10, 2007, at 9:30 a.m. and will 

adjourn at 5:45 p.m. on May 10, 2007. 

The meeting will resume on May 11, 

2007 at 8:30 a.m. and end at 12 p.m. The 

meeting will be open to the public. 

ADDRESSES: The meeting will be held in 

the Employee Lounge, in the 

Administration Building at NIST, 

Gaithersburg, Maryland. Please note 

admittance instructions under the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Jack Hayes, National Earthquake 

Hazards Reduction Program Director, 

National Institute of Standards and 

Technology, 100 Bureau Drive, Mail 

Stop 8600, Gaithersburg, Maryland 

20899–8600. Dr. Hayes’ e-mail address 

is jack.hayes@nist.gov and his phone 

number is (301) 975–5640. 

SUPPLEMENTARY INFORMATION: The 

Committee was established in 

accordance with the requirements of 

Section 103 of the NEHRP 

Reauthorization Act of 2004 (Pub. L. 

108–360). The Committee is composed 

of 15 members appointed by the 

Director of NIST who were selected for 

their technical expertise and experience, 

established records of distinguished 

professional service, and their 

knowledge of issues affecting the 

National Earthquake Hazards Reduction 

Program. In addition, the Chairperson of 

the United States Geological Survey 

(USGS) Scientific Earthquake Studies 

Advisory Committee (SESAC) will serve 

in an ex officio capacity on the 

Committee. The Committee will assess: 

• Trends and developments in the 

science and engineering of earthquake 

hazards reduction; 

• The effectiveness of NEHRP in 

performing its statutory activities 

(improved design and construction 

methods and practices; land use 

controls and redevelopment; prediction 

techniques and early-warning systems; 

coordinated emergency preparedness 

plans; and public education and 

involvement programs); 

• Any need to revise NEHRP; and 

• The management, coordination, 

implementation, and activities of 

NEHRP. 

Background information on NEHRP 

and the Advisory Committee is available 

at http://nehrp.gov/. 

Pursuant to the Federal Advisory 

Committee Act, 5 U.S.C. app. 2, notice 

is hereby given that the National 

Earthquake Hazards Reduction Program 

(NEHRP) Advisory Committee on 

Earthquake Hazards Reduction 

(ACEHR), will meet Thursday, May 10, 

2007, at 9:30 a.m. and will adjourn at 

5:45 p.m. on May 10, 2007. The meeting 

will resume on Friday, May 11, 2007 at 

8:30 a.m. and end at 12 p.m. The 

meeting will be held at NIST 

headquarters in Gaithersburg, Maryland. 

The primary purpose of this meeting 

is to discuss NEHRP program activities. 

The NEHRP Advisory Committee will 

also discuss its annual report to the 

NIST Director. The meeting will be open 

to the public. The final agenda will be 

posted on the NIST Web site at http:// 

nehrp.gov/. 

Individuals and representatives of 

organizations who would like to offer 

comments and suggestions related to the 

Committee’s affairs are invited to 

request a place on the agenda. On May 

10, 2007, approximately one-half hour 

will be reserved for public comments, 

and speaking times will be assigned on 

a first-come, first-serve basis. The 

amount of time per speaker will be 

determined by the number of requests 

received, but is likely to be about 3 

minutes each. Questions from the public 

will not be considered during this 

period. Speakers who wish to expand 

upon their oral statements, those who 

had wished to speak but could not be 

accommodated on the agenda, and those 

who were unable to attend in person are 

invited to submit written statements to 

the NEHRP Advisory Committee, 

National Institute of Standards and 

Technology, 100 Bureau Drive, MS 

8610, Gaithersburg, Maryland 20899–

8610, via fax at (301) 975–4032, or 

electronically by e-mail to 

info@nehrp.gov. 

All visitors to the NIST site are 

required to pre-register to be admitted. 

Anyone wishing to attend this meeting 

must register by close of business 

Thursday, May 3, 2007, in order to 

attend. Please submit your name, time 

of arrival, e-mail address and phone 

number to Amber Stillrich and she will 

provide you with instructions for 

admittance. Non-U.S. citizens must also 

submit their country of citizenship, title, 

employer/sponsor, and address. Ms. 

Stillrich’s e-mail address is 

amber.stillrich@nist.gov and her phone 

number is (301) 975–3777. 

Dated: April 4, 2007. 

William Jeffrey, 

Director. 

[FR Doc. E7–6746 Filed 4–9–07; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 030907B] 

Taking of Marine Mammals Incidental 

to Specified Activities; An On-ice 

Marine Geophysical Research and 

Development Program in the Beaufort 

Sea 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of issuance of an 

incidental harassment authorization. 

SUMMARY: In accordance with provisions 

of the Marine Mammal Protection Act 

(MMPA) as amended, notification is 

hereby given that an Incidental 

Harassment Authorization (IHA) to take 

marine mammals, by harassment, 

incidental to conducting an on-ice 

marine geophysical research and 

development (R&D) program in the U.S. 

Beaufort Sea, has been issued to Shell 

Offshore, Inc. (SOI) for a period between 

March and May 2007. 

DATES: This authorization is effective 

from March 30 until May 31, 2007. 

ADDRESSES: A copy of the application, 

IHA, an Environmental Assessment (EA) 

on the Proposed OCS Lease Sale 202 

Beaufort Sea Planning Area by the 

Mineral Management Service (MMS), 

and/or a list of references used in this 

document may be obtained by writing to 

P. Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225, or by telephoning one of 

the contacts listed here (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Shane Guan, Office of Protected 

Resources, NMFS, (301) 713–2289, ext 

137 or Brad Smith, Alaska Region, 

NMFS, (907) 271–5006. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of marine mammals 


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